INDERJEET SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner-Inderjeet Sharma questions the empanelment of Raj Kumar-respondent No.5 against the post of Rehbar-e-Taleem in Primary School, Krearzal on the ground that being the resident of Pandit Mohalla, which was included in Krearzal Habitation, it was he who was entitled to consideration for engagement as Rehbar-e-Taleem, in that, the empanelment for selection was required to be made in terms of Government Order No.288-Edu of 2009 dated 08.04.2009 read with Addendum dated 09.04.2009. He additionally seeks consideration for selection against available vacancy of Rehbar-e-Taleem in Primary School, Lonepora of village Mulchitter.

(2.) TO support his Claim that Pandit Mohalla was part of Habitation Krearzal, he relies on Booth Level Officer's Certificate issued under No.01/BLO/2011 dated 22.03.2011, in terms whereof Krearzal was certified, a part of Brahman Mohalla Dhadpeth falling in Panchayat Mulchitter.

(3.) THE respondents justify the empanelment of respondent No.5 on the facts indicated herein above. Considered the submissions of learned counsel for the parties in the light of their pleadings. The only evidence on which the petitioner relies on to project his Claim for empanelment, as Rehbar-e-Taleem in Primary School Krearzal, is the Booth Level Officer's Certificate. The Certificate having been rescinded on reexamination, the petitioner's Claim to empanelment may not, therefore, be tenable in view of the position explained by the State-respondents that Krearzal and Pandit Mohalla were two different habitations. Neither Krearzal, as indicated by the State-respondents, nor Pandit Mohalla, qualifies for application of Government Order No.288-Edu of 2009. The empanelment of respondent No.5 for selection as Rehbar-e- Taleem in Primary School Krearzal on the basis of his higher merit than the candidates belonging to village Mulchitter cannot, therefore, be faulted.